City Council

MANISTEE CITY COUNCIL MEETING AGENDA ADDENDUM WEDNESDAY, NOVEMBER 6, 2024 – 7:00 P.M. – COUNCIL CHAMBERS I. Call to Order. c.) MOTION TO AMEND THE AGENDA. Motion to amend the agenda to add item VIII. New Business i.) allowing action by Council on this additional item. VIII. New Business. i.) CONSIDERATION OF AUTHORIZING AYERS BASEMENT SYSTEM TO PREFORM FIRE STATION CRAWL SPACE REPAIRS. Recent restoration work at the Manistee Fire Station has uncovered water and high moisture level issues within the station crawl space that have been going on for many years. Despite several attempts to resolve the issues, including the installation of plastic and gravel, a ventilation fan, and the repair of floor joists, the problem persists. After obtaining two quotes from qualified companies, Ayers Basement System is recommended as the most cost effective with a quote for $31,390.41, to prevent further damage and ensure the health and safety of the fire station. Included in the quote is replacing floor joists, installing two sump pumps drainage matting, clean space liner and a dehumidifier. At this time Council could take action to authorize Ayers Basement System to preform Fire Station crawl space repairs and allow the City Manager to execute the necessary documents. WG:km COUNCIL AGENDA ADDENDUM – NOVEMBER 6, 2023 PAGE 1  Prepared by: Prepared for: Robert Marriott Tom Hernden Manistee Fire Station C 231-871-8489 thernden@manisteemi.gov rmarriott@goayers.com C (989) 600-9679 W (231) 398-9693 Ayers Basement Systems P (989) 600-9679 GoAyers.com PR353585 TF 866-379-1669 F 517-646-7518 Job location: License# 10011-111 281 1st St Prepared on: Manistee, MI 49660 10-30-24 Project Summary My Crawl Space $18,679.35 Permanently Stabilize Floors $8,685.00 Debris Removal $2,660.00 Cut Inside Access $1,385.00 Total Investment $31,409.35 Project Savings $1,513.72 GST $896.87 Mobilization $597.91 Total Contract Price $31,390.41 Deposit Required - 30% $9,417.12 Deposit Paid $0.00 Amount Due Upon Installation $31,390.41 Ayers Basement Systems Job Location Page 1/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Customer Consent Any alteration from the above specifications and corresponding price adjustment (if necessary) will be made only at the Customer’s request or approval. Completing the work in this Proposal at the time scheduled is contingent upon accidents or delays beyond our control. This Proposal is based primarily on the Customer’s description of the problem. This Proposal may be withdrawn if not accepted by the Customer within 120 days. Authorized Signature Date Acceptance of Contract— I am/we are aware of and agree to the contents of this Proposal, the attached Job Detail sheet(s), and the attached Limited Warranty, (together, the "Contract"). You are authorized to do the work as specified in the Contract. I/we will make the payment set forth in this Contract at the time it is due. I/we will pay your service charge of 1-1/3% per month (16% per annum) if my/our account is 30 days or more past due, plus your attorney's fees and costs to collect and enforce this Contract. On the day of project completion the homeowner will make final payment to Ayers via; Circle option: Check : Credit Card : Cash : Personal Financing : Ayers Financing (Pre-Approval needed) Upon signing this agreement, the customer acknowledges that a 5% discount will be applied if the project is paid for in full with either cash, check or ACH. However, the customer understands that if a credit card or financing is utilized as any part of the project payment, the 5% discount will be forfeited and reapplied to the total contract price. Customer Signature Date There will be lawn damage during the installation of an egress window Initial Ayers is not responsible for any/all damages caused by a dumpster. Initial Ayers Basement Systems Job Location Page 2/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Job Details Type of Wall Block/Stone/Brick Existing Wall Finish Plain Existing Floor Finish Dirt A) Access B) New Access Ayers Basement Systems Job Location Page 3/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Job Details (Continued) Specifications 1) Install SmartJack supports as indicated on job drawing to support the floor joist system above. 2) Install a galvanized steel supplemental beam as indicated on job drawing with floor joist assist brackets. 3) Engineering fee. Homeowner is responsible for any additional cost of engineering necessary to meet local municipality, county, state or federal requirements. 4) Permit. Home owner is responsible for any additional cost of permitting and product necessary to meet local municipality, county, state of federal requirements. 5) Sister floor joists 6) Install 1/3 hp cast iron pump in TripleSafe liner with clean pump stand. 7) Install IceGuard to prevent floods from clogged or frozen discharge line. 8) Install interior discharge line as shown on drawing 9) Install CleanSpace crawl space encapsulation system in area shown on drawing. 10) Install CleanSpace Drainage Matting under CleanSpace liner. 11) Install SaniDry Sedona to keep humidity low. 12) Labor Customer Will 1.) Move items at least 4 feet away from the work area. 2.) Provide proper dedicated electrical outlets for all pumps and other electrical devices to be installed. 3.) Be responsible for testing & abatement services as necessary prior to the installation of proposed solution. Additional Notes Fire Station will provide dedicated electrical outlets for pumps and dehumidifier. Labor charges for removing bricks and excess dirt from the crawlspace. Discharge lines will exit building next to gutter downspout. Product List My Crawl Space Sister Floor Joist 120 Linear SuperSump Plus 2 IceGuard 2 Interior Discharge Line 40 Linear foot CleanSpace 613 sqft Drainage Matting 613 sqft SaniDry Sedona 1 Permanently Stabilize Floors SmartJack, 1-3' 3 Supplemental Beam 17 ft Engineering , Engineering 1 Permit 1 Debris Removal Labor 4 Cut Inside Access Sister Floor Joist 16 Linear Labor 1 Ayers Basement Systems Job Location Page 4/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Products Ayers Basement Systems Job Location Page 5/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Recommendations to Your Project My Crawl Space Bid Required Ayers Basement Systems Job Location Page 6/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Limited Warranty Standard Exclusions Permitted by State Law – This Foundation Limited Warranty (“Warranty”) is made in lieu of and excludes all other warranties, express or implied, and all other obligations on the part of the contractor (“Contractor”) to the customer (“Customer”). There are no other verbal or written warranties, no warranties which extend beyond the description on the face hereof, and NO WARRANTIES OF EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of certain warranties, so some of the above exclusions and limitations may not apply to Customer. If a basement wall system is installed, a vapor barrier integrated into the interior drain tile system is required. Failure to install a vapor barrier will void the warranty. If additional feed lines become necessary due to hydrostatic pressure, and it was recommended, they will be added at additional charge. Customer deposits are non-refundable after the three day right to cancel. General Terms – For the applicable time periods indicated below, this Warranty is transferable at no charge to future owners of the structure on which the work specified in this Contract is completed. This Warranty is in effect if the job specified in this Contract is completed and paid in full and, alternatively, is null and void if full payment is not received. Contractor does not warrant products not mentioned below, but some of such products may be covered by a manufacturer’s warranty. All material used is warranted to be as specified in this Contract. All work will be completed in a workmanlike manner according to the standard practices of the industry. Contractor’s workers are fully covered by Workers’ Compensation insurance. Foundation Piers – Lifetime warranty: Contractor warrants that the foundation piers under this agreement are guaranteed against defects in material and workmanship for the life of the structure. This warranty may be transferred to future homeowners provided we are notified within 30 days of the real estate transfer. If any settlement or movement occurs in the area repaired other than settlement or movement caused by earthquake, severe wind, flood, change in the water table, other acts of God or any other similar man made condition, the Contractor will at no cost or expense to the Owner, correct the defect in workmanship or material that may occur. Contractor does not warrant to lift, to close cracks, to render doors and windows operational or to move walls back to their original position but will do its best to achieve positive results in this regard. Some of the reasons Contractor cannot warrant to lift the area(s) in question are as follows: 1) Skin Friction: The soil’s tendency to cling to your foundation in its new settled position; 2) Obstructions: Items such as mortar, concrete or soil falling between the cracks or behind the veneer which will physically prevent the wall or chimney from moving back to its original position; and 3) Brick or Stone Veneer: The veneer of the home or other building is not part of the “structure” Contractor is attempting to affect; rather, it is merely a cosmetic covering similar to siding. Thus, a lifting operation on Customer’s foundation may or may not affect the veneer of the structure. Customer should also know that the possibility of further damages exists during a lifting operation. Contractor is not responsible for damages caused by the lifting. Contractor’s efforts will be concentrated on obtaining the optimum results with a minimum of damage. Slab Piers – Contractor warrants that the slab piers will stabilize the affected area(s) against further settlement for ten (10) years from the date of installation, or else Contractor will provide the labor and materials, at no cost to Customer, to correct the problem with the slab piers. Contractor does not warrant to lift the slab back to its original position but will do its best in this regard. SmartJacks – Contractor warrants that the SmartJacks will stabilize the affected floor joist system against further settlement for twenty-five (25) years from the date of installation provided the number of SmartJacks as specified in the load calculator, by Contractor, were installed, or else Contractor will provide the labor and materials, for a standard service fee, to make any necessary adjustments to the SmartJacks. Additionally, the manufacturer of SmartJacks warrants that SmartJacks will, under normal use and service, be free from defects in material and workmanship for fifty (50) years from the date of installation (see manufacturer’s warranty for more details). If changes occur due to excess moisture in the area(s) where SmartJacks are installed, an encapsulation system, drainage, and dehumidification may be necessary in such area(s) at an additional cost to Customer. Geo-Lock Wall Anchors – Contractor hereby warrants that the Geo-Lock wall anchors (“Anchors”) will stop further inward movement of the wall(s) repaired for twenty-five (25) years from the time of installation, or else Contractor will provide the labor and materials, at no cost to Customer, to correct the problem with the Anchors. Walls that do not have Anchors installed entirely from corner to corner as specified in the load calculator, by Contractor, are not warranted. Anchors are warranted only to stabilize the affected wall(s) and not straighten them. If Customer desires further outward movement in the wall(s) repaired, Customer may tighten the installed Anchors as recommended by the manufacturer but assumes all liability for damages due to over-tightening of the Anchors. Contractor will tighten as recommended for a standard service fee. Contractor will need ready access to tightening locations to service or monitor wall stabilization systems. PowerBraces – Contractor hereby warrants that the PowerBraces will stop further inward movement of the wall(s) repaired for twenty-five (25) years from the date of installation, or else Contractor will provide the labor and materials, at no cost to Customer, to correct the problem with the PowerBraces. Walls that do not have PowerBraces installed entirely from corner to corner, as specified in the load calculator, by Contractor, are not warranted. PowerBraces are warranted only to stabilize the affected wall(s) and not straighten them. If Customer desires further outward movement in the wall(s) repaired, Customer may tighten the installed PowerBraces as recommended by the manufacturer but assumes all liability for damages due to over-tightening of the PowerBraces. Contractor will tighten as recommended for a standard service fee. Contractor will need ready access to tightening locations to service or monitor wall stabilization systems. Shotcrete With Wall Stabilization – Contractor hereby warrants that shotcrete with a wall stabilization system (“Shotcrete”) will stop further inward movement of the wall(s) repaired for twenty-five (25) years from the date of installation, or else Contractor will provide the labor and materials, at no cost to Customer, to stabilize the wall(s). Shotcrete is warranted only to stabilize the affected walls(s) and not straighten them, and Shotcrete will provide lateral support only and not vertical support. If vertical movement is a problem, additional work may be needed at an additional cost. Although Shotcrete walls will be new concrete foundation walls, some imperfections in the finish of the walls should be expected. CarbonArmor – Contractor warrants that CarbonArmor will stabilize the affected area(s) against further inward bowing at the center of the wall(s) repaired for twenty-five (25) years from the date of installation, or else Contractor will provide the labor and materials, at no cost to Customer, to correct the problem with the CarbonArmor. Walls that do not have CarbonArmor installed entirely from corner to corner as specified in the load calculator, by Contractor, are not warranted. CarbonArmor is warranted only to stabilize the wall(s) and not straighten them. CarbonArmor is installed to prevent further bowing of the wall. Further leaning at the top of the wall is only warranted when CarbonArmor is installed with the ArmorLock anchor system. Shearing in at the bottom of the wall is not included in this Warranty and may require more work, at additional cost, to correct. EverBrace® Wall Stabilization. Contractor warrants that, for 25 years from the original date of installation that the EverBrace® wall stabilization system (“EverBrace”) will stop further inward movement of the wall(s) repaired or the Contractor will provide the labor and materials to stabilize the wall(s). EXCLUSION: EverBrace® is warranted only to stabilize the affected walls(s) and not straighten them. EverBrace® will provide lateral support, but does not specify any degree of vertical support. EverBrace® provides no warranty against water entering the basement. If vertical movement or water is a problem, additional work will be needed at an additional cost. PolyLevel/NexusPro Sealant – Contractor warrants that the area where the slab of concrete was lifted will not settle more than ¼ inch or that NexusPro crack sealant shall not form a breach for a period of five (5) years from the date of installation. If it does, Contractor will provide the labor and materials to re-level the area at no additional charge to Customer. This Warranty does not include patching or caulking between slabs. This Warranty is void if Customer does not maintain grade around slabs and seal joints between slabs. This warranty is void if downspouts or any other water source provides a washout to undermine the PolyLevel. Also, customer acknowledges that lifting next to a foundation or retaining wall may provide movement on that wall and additional work may be required for an additional charge. Concrete may crack during installation. Ayers repair to fill the area utilizing the "crack repair" method of using Nexus Pro joint sealant. Any additional method of repair, including concrete replacement, will be at the homeowners expense. Ayers Basement Systems Job Location Page 7/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Limited Warranty (Continued) Exclusions From This Warranty – This Warranty does not cover and Contractor specifically disclaims liability for: 1) exterior waterproofing; 2) system damage caused by Customer’s negligence, misuse, abuse, or alteration; 3) dust incidental to installation; 4) damage to personal property of any type; 5) utility line breakage; 6) damage caused by mold; 7) failure or delay in performance or damage caused by acts of God (flood, fire, storm, methane gas, etc.), acts of civil or military authority, or any other cause outside of its control; 8) damage done during a lifting operation; 9) heave or any damages caused by it; or 10) electrical. Items For Which Customer Is Responsible – Customer is responsible for: 1) making full payment to the crew leader upon completion of the work; 2) preparing the work area for installation; 3) any finish carpentry, painting, paneling, landscaping, etc. that may be necessary after Contractor’s work is finished; 4) marking any private lines such as satellite cables, propane lines, sprinkler system lines, etc.; 5) maintaining positive drainage away from the repaired wall(s); 6) keeping gutters clean and in good working order; 7) directing downspouts a sufficient distance away from the repaired wall(s); 8) maintaining proper expansion joints in concrete slabs that are adjacent to the repaired wall(s); and 9) any items mentioned in this Contract under “Customer Will” or “Additional Notes.” WaterGuard and DryTrak – If water from the walls or floor wall joint passes through the perimeter water control system and onto the basement floor, Contractor will provide the additional labor and materials to fix the leak at no additional charge to the Customer. This warranty applies to WaterGuard and DryTrak systems, along the specific areas where the system is installed. Said warranty will be in effect for the lifetime of the structure. This warranty may be transferred to future homeowners provided we are notified within 30 days of the real estate transfer. The water control system shall not rust, rot or corrode for as long as you own the home. If the entire perimeter of the basement was not treated, then additional work at additional charge will be necessary to extend the system or treat other areas or other problems not addressed by this work. In addition, a pump or power failure is possible, therefore this warranty is not a guarantee of a dry basement, as the scope of this work cannot guarantee that in all circumstances. If additional feed lines become necessary due to hydrostatic pressure, at any time, they will be added at additional charge. If additional pumping capacity becomes necessary for any reason, customer agrees that pumping systems will be added for an additional charge. This warranty shall not apply to: condensation, or any system that has been altered in any way at any time, water vapor transmission, concrete discoloration from capillary action, water squirting out of the walls over the system, window well flooding, plumbing leaks, surface water flooding,sand or roots clogging the system, leaks from chimneys or garages, or efflorescence (white powder) on concrete. A drainage system clogged by iron ochre. Contractor cannot be responsible for peeling paint, water once pumped from the house, dust created from installation, damage to hidden fuel lines or plumbing, or frozen discharge lines without an IceGuard. A DryTrak system alone will not eliminate seepage from floor cracks. A vapor barrier is required for all insulated wall systems to prevent condensation run off. Condensation run off from walls without a vapor barrier is not covered under this warranty. Primary AC operated sump pumps and DC back-up pumps are covered under a separate manufacturer’s warranty which is 12 months from date of installation. Failure of any pump for any reason is outside the scope of this warranty. Back-up pumps that run off a battery, if not maintained, or that are called on to run beyond the current life of the battery, can fail. These systems are very much recommended but cannot be relied upon to work in every situation. Annual maintenance is recommended to find potential problems. Electrical work is not included in the contract and problems from electrical connections or lack thereof are disclaimed. Systems that drain to daylight cannot be warranted by the Contractor under any circumstances. Drainage systems clogging or malfunctioning from iron ochre, iron gel or iron bacteria will require cleaning, flushing or other service at additional cost to keep system functioning and under warranty. CleanSpace – A CleanSpace crawl space encapsulation system will isolate the home from the earth. The humidity level in the air will be lowered, reducing moisture needed for mold growth, however the encapsulation system does not claim to be a mold mitigation system. Wet crawl spaces require a drainage and sump system to remedy problems with water below the CleanSpace liner. A CleanSpace system without a full perimeter drain tile system and feed lines cannot be warranted against ground water seepage. CleanSpace has a transferable twenty-five (25) year warranty. There will be no charge for service calls on any tears or holes in the CleanSpace liner, in the unlikely event this occurs. Sump pumps are covered under a separate manufacturer's warranty. Installation of the system does not include extending discharge lines, or electrical work unless specified. Contractor is not responsible for frozen discharge lines without an IceGuard, water once pumped from house, or condensation. Encapsulated crawl spaces require either mechanical ventilation or dehumidification. THIS WARRANTY DOES NOT COVER, AND THE CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR WATER DAMAGE TO FLOOR COVERINGS, FURNITURE, STORED ITEMS, FINISHED WALLS AND OTHER OBJECTS INSIDE THE FOUNDATION. Contractor will not be responsible for any damages caused by mold or radon, to include but not be limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Homeowner agrees to keep area dry and report all other obligations on Contractor’s part. There are no other warranties verbal or written. FlexiSpan – Wall cracks repaired with FlexiSpan are warranted against leakage for the life of the structure provided it drains into a functioning water control system. If water passes through the FlexiSpan system and onto the basement floor we will provide the additional labor and materials to fix the leak at no additional charge to the customer. Arbitration – In the event of a dispute regarding the performance of the Contract by Ayers Basement Systems, such dispute shall be submitted to an arbitrator mutually agreeable to the parties with the arbitration venue being Eaton County, Michigan. The dispute is to be decided according to the Home Construction Arbitration Rules and Mediation Procedures in effect at such time. Notice of the demand for arbitration shall be provided in writing to Ayers Basement Systems LLC within a reasonable time after the dispute arises, but in no event later than one year after the work under this Contract is completed. The decision of the arbitrator shall be final and binding on the parties and enforceable in a court of competent jurisdiction. Finishing: This warranty covers any defects in workmanship, including but not limited to installation of materials. This warranty does not cover normal wear and tear, misuse, or damage caused by factors beyond the contractor's control. It is further understood that all line items are estimated or allowance costs and that final costs may be more than estimated. Change orders will be communicated, approved, signed, and submitted prior to beginning any work. As such the contractor will update the customer of additional cost overages whenever possible but may not occur until final billing. The exclusions and disclaimers of express and implied warranties set forth in this Limited Warranty shall apply to all finishing work performed by Contractor and, further, Contractor assumes no responsibility for any damage to its work as a result of water intrusion, foundation settlement, cracking, or other problems affecting the finishing work. Contractor does warrant that the materials furnished to Customer, subject to approved substitutions and minor deviations, will be new and conform to the description of the materials stated in the quotation. Contractor’s liability and Customer’s sole and exclusive remedy under this warranty shall be a substitution of the same product material specified in the quote. Customer’s execution of a Project Completion Form shall constitute Customer’s acknowledgement that the work was completed in accordance with the contract requirements and is free from defects. Ayers Basement Systems Job Location Page 8/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1) Notice of Right to Cancel You are entering into a contract. If that contract is a result of, or in connection with a salesman's direct contact with, or call to you at your residence without your soliciting the contract or call, then you have a legal right to void the contract or sale by notifying us within three business days from whichever of the following events occurs last: 1. The date of the transaction, which is: _________________________ or 2. The date you received this notice of cancellation. How to Cancel If you decide to cancel this transaction, you may do so by notifying us in writing at: Ayers Basement Systems TF 866-379-1669 F 517-646-7518 GoAyers.com 2631 Eaton Rapids Rd Lansing, MI 48911 You may use any written statement that is signed and dated by you and states your intentions to cancel, or you may use this notice by dating and signing below. Keep one copy of the notice because it contains important information about your rights. I wish to cancel. Owner's Signature Date Owner's Signature Date The undersigned acknowledges receipt of the two copies of the Notice of Right to Cancel. Owner's Signature Date Owner's Signature Date Ayers Basement Systems Job Location Page 9/9 2631 Eaton Rapids Rd Lansing MI 48911 281 1st St Manistee MI 49660 10-30-24 (1)